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Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby designates Borrower Representative as its representative and agent on its behalf for the purposes of issuing borrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates Borrower Representative as its representative and agent on its behalf for the purposes of issuing borrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other Agreements. Borrower Representative hereby xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates Borrower Representative and appoints Akorn as its representative and agent on its behalf (the “Borrower Representative”) for the purposes of issuing borrowing requestsNotices of Borrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other AgreementsLoan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower’s behalf Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Borrower Representative. Each Borrower hereby designates Borrower Representative and appoints Parent as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of issuing borrowing requestsdelivering certificates, including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNote, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other AgreementsTransaction Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement Transaction Document from Borrower Representative as a notice or communication from all BorrowersBorrower. Each warranty, covenant, agreement and undertaking made on a Borrower’s behalf of Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.. 15651.048 4835-8083-6858.11 21

Appears in 1 contract

Samples: Financing Agreement (Elevate Credit, Inc.)

Borrower Representative. Each Borrower hereby designates Borrower Representative and appoints SVCMC as its representative and agent on its behalf (the “Borrower Representative”) for the purposes of issuing borrowing requestsNotices of Borrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other AgreementsLoan Documents. Borrower Representative hereby xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower’s behalf Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Debt Agreement

Borrower Representative. Each Borrower hereby designates Borrower Representative and appoints Social as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing borrowing requestsdelivering certificates, giving including Compliance Certificates, and other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNotes, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other AgreementsTransaction Documents. Borrower Representative hereby accepts such appointment. Agent Agent, each Lender and each Lender Holder may regard any notice or other communication pursuant to this Agreement or any Other Agreement Transaction Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower’s behalf Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Financing Agreement (SOCIAL REALITY, Inc.)

Borrower Representative. Each Borrower hereby designates Borrower Representative as its representative and agent on its behalf for the purposes of issuing borrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s 's behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates the Company as its Borrower Representative. The Borrower Representative will be acting as its representative and agent on its each Borrower’s behalf for the purposes of issuing notices of borrowing requestsand notices of conversion/continuation of any Loans or similar notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under this Agreement and the Other AgreementsLoan Documents. The Borrower Representative hereby xxxxxx accepts such appointment. Agent Each Borrower agrees that each notice, election, representation and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

Borrower Representative. Each Borrower hereby designates Borrower Representative as its representative and agent on its behalf for the purposes of issuing borrowing requestsnotices and requests for Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Other AgreementsLoan Documents. Borrower Representative hereby accepts such appointment. Administrative Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Revolving Loan Agreement (Resmed Inc)

Borrower Representative. Each Borrower hereby designates Borrower Representative as its representative and agent on its behalf for the purposes purpose of issuing borrowing requestsrequesting Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and or the Other Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on a any Borrower’s 's behalf by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (DHB Industries Inc)